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I am SOOOO stressed about a return of goods to a German company - I think they are taking the piss

(7 Posts)
oneofsuesylvesterscheerios Fri 01-Jul-11 14:53:18

I ordered a window film from mydecoshop.com which is a German company. It wasn't cheap (£50) and I took ages deciding on the one I wanted.

It arrived last week and yesterday ws the first time I had to open it up and think about applying it. But when I got it out, the colour is very different to how it appears on the website. On the website it looks a pearly opaque pattern but in the flesh it is a definite shade of faded green.

The terms and conditions on the website are (imo) deliberately jargonistic, in legal-speak and very much hidden away. However, I emailed them to say about the colour.

They have emailed back toda and said I should send photos so they can decide what to do and NOT to return the film. So I took photos and low-and-behold, the photos don't look green either - maybe a trick of the light or something, but the film is definitely green face-to-face and therefore I don't want it.

I think I have the right to return the item reagrdless of whether I like it or not, as I'm within the 'cooling off' period of an internet purchase. Am I right?

I'm not very good at the moment with this type of thing: my dad's just died and I feel very highly strung. This stupid thing has made me really upset; pathetic I know...

Can anyone help?

Collaborate Fri 01-Jul-11 15:32:08

I think there is a cooling off period of 7 days. That's what it says on the Amazon website anyway.

I'm in a similar situation about a suitcase for my daughter that arrived in a different shade of purple to either the website or the label attached to the case. Emailed within 24 hours of receipt yet no response yet.

NoMoreWasabi Fri 01-Jul-11 16:17:48

See p7 onwards from here. See info on made to order too if that was the case. These regulations appply across Europe.

www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

oneofsuesylvesterscheerios Fri 01-Jul-11 16:18:25

Thanks

By 'cooling off' does that mean you can cancel/send things back with no reason? And is that 7 days from receiving the goods or 7 days from ordering?

NoMoreWasabi Fri 01-Jul-11 17:35:44

suspect our posts crossed but its all in the link

oneofsuesylvesterscheerios Fri 01-Jul-11 19:20:31

Thanks so much. Have now emailed them and await their reply, given the info you linked. Looks like I'm in the right though! Cheers

oneofsuesylvesterscheerios Sat 02-Jul-11 17:48:38

God I'm seeeething!
They've sent an email today and said:
"If there is a defect, please send us photos.
If there no defect is present, then you have no right of withdrawal as seen in our Revocation."

This is their 'Revocation', taken from their website, which is in tiny print under the heading 'GTC' and makes it very unclear what their policy is on returns in a clear and simple way:

"(1) Right of revocation

You may revoke your declaration to enter into a contract inside 14 days without specifying your reasons in text form (e.g. by letter, fax, email) or if the item has been sent to you before the lapse of said period, by returning the item. The said period of time shall commence after you receive these instructions in text form, yet not before the recipient has received the goods (with recurring deliveries of identical goods, not before the first instalment has been received) and not before satisfaction of our duties to provide information as set down Article 246 Section 2 in conjunction with Section 1 (1) and (2) EGBGB [Introductory Law on the Civil Code] and our commitments under Section 312e (1) sentence 1 BGB [German Civil Code] in conjunction with Article 246 Section 3 EGBGB. The date of despatch of the notice of cancellation or of the item shall determine compliance with the set period of time."

But the top and bottom of it is_ the goods are unoike the photos and therefore I can't use them in my room, so I sould be able to get my money back, shouldn't I? Can I contact Trading Standards on Monday and ask them to help me with the legal-ise of that statement above?

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